“Anyone can claim to be a protected class in one form or another in any situation.”
It’s not enough to “claim to be a protected class”, they would have to demonstrate that the discrimination was based on their membership in a protected class, or the case would get tossed out of court in short order.
In a justice system loaded up with bleeding heart liberal judges and juries? Just wearing a pink shirt to court, or coming in using a walking cane would end it in their favor. They don’t have to prove anything at all, all they have to do is claim it. YOU bear the burden of proof and would have to prove THEY ARE NOT. And it has now gone beyond just the protected classes, just a historical example of how it works now if it goes to court.
http://volokh.com/2010/05/25/some-strange-consequences-of-public-accommodations-laws/